Chapter

What Might Retributive Justice Be? An Argument for the Confrontational Conception of Retributivism

Dan Markel

in Retributivism

Published in print March 2011 | ISBN: 9780199752232
Published online May 2011 | e-ISBN: 9780199895342 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199752232.003.0004
What Might Retributive Justice Be? An Argument for the Confrontational Conception of Retributivism

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This chapter offers the first dedicated treatment of Markel’s Confrontational Conception of Retributivism, which is designed to show both the internal intelligibility of retributive punishment situated in a liberal democracy and the limits that attach to the pursuit of that social project of retributive justice. Similar to but distinct from Duff’s account, the version of retributivism that the chapter offers focuses on the confrontational (not just communicative) encounter that occurs when the state inflicts some level of coercion upon an offender who has been adjudicated through fair and reasonable procedures of violating an extant and justifiable legal norm. This is essentially a legal or institutional view of retributive punishment, and thus necessarily concerned with the consequences of running such an institution alongside other important social projects, two themes taken up by several other contributors to this volume.

Keywords: retributivism; punishment; justice; confrontational conception of retribution; liberal democracy; institutionalism; confrontation

Chapter.  11921 words. 

Subjects: Criminal Law

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